Professor John Carter has identified a theme of growing importance in commercial transactions, especially as the number of those that are long in duration and that cross political or cultural lines increases. It is difficult under the best of circumstances ex ante to negotiate for all contingencies in a dynamic economy. Allowing, or requiring, post hoc renegotiations every time there is a change in circumstances could reduce substantially the utility of contract as a risk allocation device that provides some measure of privately ordered certainty unless the use of post hoc renegotiation is carefully circumscribed.
Commercial Law | Contracts
Journal of Contract Law
Commentary on 'The Renegotiation of Contracts'. (1998). Journal of Contract Law. 13, (3), 205-209. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/164
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